A New Look Welcome to Your Annual EEO /Sexual Harassment Training
A New Look •Define the 2 types of Harassment •Bullying Behavior •Third Party Harassment •Age Discrimination •Digital Harassment •Your Responsibilities •The Acts •The Constitution
A New Look
This base has a zero tolerance policy on sexual harassment and discrimination
You have 45 days from the time you were harassed to make contact with the EEO Counselor, Dan Grissom at 725-3845
He will then schedule an appointment to meet with you.
What is Harassment?
Most people recognize that harassment occurs when someone openly bullies, threatens or even terrorizes another person. However, harassment isn’t always that obvious; it is often subtle in nature, and a behavior doesn’t have to be intentional to be considered harassment. In fact, most people don’t consciously harass others. Harassment occurs when people are treated inappropriately or unfairly because they are perceived to be part of a protected group. Usually a one time offense is not considered harassment in the eyes of the law. In order for behaviors to be considered harassment, they must create a hostile work environment. A hostile work environment results from behavior that is offensive and on going (pervasive). “Hostile” does not necessarily mean behaving in an angry or violent manner. “Hostile” can mean being derogatory or saying or doing things that make another person feel inferior or uncomfortable. Though one insensitive or derogatory comment is not usually considered harassment, this may not be true for highly offensive words or deeds. Behavior is more likely to be deemed harassment when the offender is intentionally trying to make another person feel uncomfortable or intimidated.
A New Look
Quid Pro Quo
• The first type of harassment is called Quid Pro Quo = this for that, exchanging job benefits for sexual favors or threatening to deny job benefits if sexual
favors aren’t given. Here are some more examples: Someone in authority such as a supervisor or a manager, request sexual favors of an employee or engages in unwelcome advances or other sexually related behavior. Then submission to or rejection of the behavior by the employee is used as the basis for a tangible employment action. • A Tangible Employment Action which includes any action(s) that result in a significant change to the employee’s job status or working conditions, such as: Hiring, Firing, Promotion, Demotion, Denial of training, Undesirable reassignment or a change to benefits or compensation.
A New Look
Hostile Environment
Hostile environment harassment usually involves a pattern of behavior it is created when an employee is repeatedly exposed to behavior that causes the person to feel uncomfortable, disrespected or threatened, to the point where it is difficult to focus on work. Hostile environment harassment is more common than quid pro quo harassment and can be more subtle. However, its effect on employees can be just as damaging. Hostile environment harassment can occur between: People of the same sex, a supervisor and employee. Employees of the same or different ranks and third parties. The harassed party doesn’t even have to be the direct target of the behavior, employees can claim hostile environment if they repeatedly witness behaviors that make them uncomfortable enough that it affects their work.
Some forms of this type would be: • Unwanted sexual advances • Leering or ogling (“elevator eyes”)
• Making sexual gestures or displaying sexually suggestive objects, pictures, cartoons, or posters. • Sending sexually inappropriate email or displaying Internet pornography or “popups”
• Making or using derogatory comments, slurs, or jokes • “Cat-calls” or whistling • Making sexual comments about a person’s body • Using sexually degrading words to describe an individual
• Sending suggestive or obscene notes, cards, or invitations • Physically touching someone in a sexual way • Blocking or impeding someone’s movements
A New Look
Discrimination Law
Discrimination Law Title VII of the Civil Right Act of 1964 prohibits discrimination in the workplace based on: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN other federal and state laws protest people on the basis of things such as AGE and DISABILITY. And further states that all employees have a right to work in an environment that is free from these types of harassment.
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Perception vs. Intention
People have different ways of looking at the same situation because of
many factors, such as their upbringing, education and experiences. These different perceptions can benefit an organization, but they can also cause conflict in the workplace. Often in a court of law, more emphasis is place on the victim’s perception rather then the offender’s intention. This means that you the employee should take responsibility for how your behavior affects others. Reasonable Person Standard In order to prevent employees from being unfairly accused of harassment, the Reasonable Person Standard was created. The Reasonable Person Standard basically asks “Would a reasonable person find the behavior offensive?”
A New Look
BULLYING
Bullying Employees who are bullied often experience a high level of stress and emotional anguish. However unless an employee falls into a protected class, there are no laws that prohibit an employee from being bullied in the workplace. But remember that we have a zero tolerance policy and also this type of behavior can lead to a hostile work environment. The good news is that people are becoming more aware of the damaging effects of the bullying in fact, several states are considering anti bullying legislation.
Bullying (Cont.) While employees are more likely to be bullied by a supervisor, bullying can also occur between employees. In fact there have been cases where one employee encourages other employees to gang up on a co-worker this behavior is sometimes referred to as “mobbing.” Bullying behaviors should not be tolerated. If you feel that you are being bullied, report it the same way you would report harassment or discrimination using your Divisions grievance procedures.
Some examples of bullying Behaviors include: •Yelling •Throwing objects
•Making offensive remarks or insults. •Sabotaging someone’s work •Constantly criticizing
•Spreading gossip •Withholding important information. •Vandalizing personal property •Excluding workers from meetings or other office activities.
Bullies
Tough Managers
• Tend to treat employees inconsistently or unfairly.
• Treat employees consistently and fairly.
• Often use humiliation or intimidation to control others.
• Set reasonable standards and expect employees to meet them.
• Can be emotionally unpredictable or have frequent emotional outbursts.
• Are generally predictable in their actions and reactions.
• Often intend to negatively affect employees’ performance. • Act in their own self-interest.
• Aim to positively affect employees’ performance. • Act in the interest of the organization.
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Third Party Harassment
Third party harassment takes place when an employee of an organization is harassed by someone that is not an employee of that organization. Third parties include: •Suppliers •Vendors •Military Customers •Contractors •Visitors If you believe you are being harassed by a third party, report the incident to your Manager or Supervisor ASAP!
A New Look
Age Discrimination
When most people hear the term “Age Discrimination,” they tend to think of older employees being treated unfairly, but news reports and surveys show that younger workers are also facing unfair treatment due to their age. The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits discrimination based on age against employees who are at least 40 years old. Although there is currently no federal law prohibiting discrimination against workers younger than 40, several states have enacted laws to protect younger workers. With more discrimination claims being made by workers under the age of 40, it’s likely that more states, and possibly the federal government, will
consider discrimination laws that protect younger workers.
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Digital Harassment
Digital Harassment Digital harassment is now a growing issue because technologies develop faster than some organizations’ policies can keep up. New technologies have helped workers become more productive but they also present challenges. Unfortunately, when it comes to technology people often act more casually and with less restraint than they would in person-things they wouldn’t say or do face-to-face are done in the virtual world without a second thought.
Since technology is here to stay, it’s important that you use it with care. Here are some examples: • Read through what you have written before you send or post it. • Don’t send or upload anything you wouldn’t want your IT department or your mom to see. • Remember that most forms of technology leave a record, even if you delete something. • Technology doesn’t have to be used during work hours in order for communications to be considered harassment. Posting a harassing comment on a co-workers blog or Facebook page when you are home after work can still get you in trouble. • Always keep in mind that our company’s policies apply to all types of technologies, even if they aren’t company-owned. For instance, sending an offensive text message from your personal mobile phone can still be considered harassment.
Digital Harassment (Cont.) • Guard your contact information and passwords. Be careful who you allow to have access to your personal information. For example make sure you know and trust the people you confirm as friends on social networking sites.
• If you do receive harassing messages, keep a record of them. You want to have evidence in case you need it. You may need to block texts and e-mail or un-friend someone who is harassing you. • When we use technology responsibly, we can take advantage of its benefits, such as efficiency and productivity, while also maintaining a respectful work environment.
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Your Responsibilities Regarding Harassment
My Responsibilities • If you believe you are being harassed, you have the responsibility to take
reasonable action. • Inform the offender that the behavior is unwelcome and needs to stop. Often, this action alone will resolve the problem. • If you are too uncomfortable with talking to the offending person or if the behavior is severe and ongoing, talk to your supervisor or call HR for guidance You can also talk with an EEO counselor (Dan Grissom) 725-3845
Congress passed the No FEAR Act to ensure that the rights of employees, former employees, and applicants for employment are protected under discrimination, whistleblower and retaliation laws. This training will inform you of the No FEAR Act and other laws making discrimination and retaliation in the workplace illegal.
No Fear Act Congress enacted the notification and Federal Employee Antidiscrimination and Retaliation Act (NO FEAR ACT) on May 15, 2002. The act required “Federal agencies be accountable for violations of antidiscrimination and Whistleblower protection laws.” 1. Reimburse the Treasury Judgment fund for payments made in Federal District Court cases involving violations of discrimination and whistleblowers laws.
2. Post information on its public website relating to complaints of discrimination and annually report to congress. 3. Train and notify employees on their right and protections under the antidiscrimination and whistleblower laws.
Antidiscrimination Laws As you learned earlier in this session as a Federal employee, you are protected from illegal discrimination in employment matters on the basis of your race, color, religion, sex, national origin, age, and disability. While these protections are not addressed in the No FEAR Act, you should be aware that discrimination on these basis is prohibited and covered by specific
procedures within Department of the Navy and United States Marine Corps. If you believe you have been discriminated against on any of these basis, the same procedures and time frames (45 Days) for EEO counselor contact outlined earlier in this training will apply.
Rehabilitation Act The Rehabilitation Act of 1973 prohibits employment discrimination against Federal employees with disabilities. In addition, agencies must provide
reasonable accommodation for an employee or applicant with a disability. A “disability” is a physical or mental impairment that substantially limits a major life activity (breathing, walking, seeing, hearing, performing manual
tasks) •A temporary or short term illness is not a disability. •An inability to work in only one type of job, for on particular supervisor, or
in one location is not a disability. •You must be qualified for your position. •If you cannot perform the essential functions of the job, with or without
reasonable accommodations, you are not qualified.
Rehabilitation Act (cont.) The accommodation does not have to be specifically what is requested by the employee. It does have to be a reasonable, effective accommodation. The Agency has no obligation to change performance standards or to eliminate essential functions of your position as a reasonable accommodation.
A reasonable accommodation is an adjustment to the work situation environment to enable you to perform your job, as long as it is not an undue hardship to the agency.
Equal Pay Act The equal pay act of 1963 prohibits federal agencies from paying employees of one sex lower wages than those of the opposite sex for performing substantially equal work.
Whistle Blower Protection Law
A Federal employee with authority (manager or supervisor) must not use that authority against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence: •Violations of law, rule, or regulations •Gross mismanagement •Gross waste of funds •An abuse of authority; or •A substantial and specific danger to public health or safety •Employees may not disclose information if disclosure is specifically prohibited by law or if the information is required under Executive Order to be protected
from disclosure of interest of national security. A federal agency cannot retaliate against an employee or applicant because that individual exercises his of her rights under the Whistleblower Protection Act.
Filing a Whistleblower Protection Complaint A complaint may be filed with the DOD component Inspector General or with DODIG at Department of Defense Inspector General, ATTENTION: Defense Hotline, 1900 Defense Pentagon, Washington, DC, 20301-1900 For guidance for the content of Complaint of Reprisal or for on-line submission see DoD Hotline web site at www.dodig.osd.mil/hotline/index.html Title 5 Section 2302 (b) (8) prohibits retaliation against an employee or applicant for making a protected disclosure.
September 17th Constitution Day and Citizen Day
Click the link below to take the course.
http://constitutionday.cpms.osd.mil/
Congratulations! You have completed EEO/POSH/ACTS for Employees
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